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<br />8. City shall operate and maintain the Scoreboard in good condition and <br />repair during the Term of this Agreement at City's expense and allow <br />access by Beverage Provider's personnel to change the promotional <br />message on the Scoreboard, such changes to be in Beverage Provider's sole <br />discretion and at Beverage Provider's expense and subject to City approval <br />of content, not to he unreasonably withheld. <br /> <br />9. City shall pay all costs of operating the Scoreboard including, but not <br />limited to, all utility charges and lamp replacement. <br /> <br />10. City shall maintain the following insurance: <br /> <br />a, All risk property insurance in an amount equal to the replacement <br />cost of the Scoreboard, and shall be self insured for an amount in <br />excess of its liability under the Texas Torts Claim Act. <br /> <br />E. Ownership of the (Scoreboard or Eauipment or Item). <br /> <br />1. The Scoreboard shall be the property of the City. <br /> <br />2. City shall pay all taxes and permit and license fees, if any, with the <br />erection, use or ownerslup of the Scoreboard, <br /> <br />3, THE PROVISION OF THE SCOREBOARD IS ON AN "AS IS" BASIS, <br />BEVERAGE PROVIDER HEREBY DISCLAIMS ANY AND ALL EXPRESS AND <br />IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THOSE OF <br />MERCHANT ABILITI AND FITNESS FOR INTENDED USE, AND BEVERAGE <br />PROVIDER SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL <br />OR INDIRECT DAMAGES. <br /> <br />F. Eauipment. During the Term, Beverage Provider willloan to City, pursuant to the <br />terms of Beverage Provider's equipment placement agreement, at no cost, that <br />Beverage dispensing equipment reasonably required and as mutually agreed upon <br />to dispense Beverages at the Complex ("Dispensing Equipment"). City represents <br />and warrants that electric service on the Complex is proper and adequate for the <br />installation of Dispensing Equipment and City agrees to indemnify and hold <br />harmless Beverage Provider from any damages arising out of defective electrical <br />services, <br /> <br />G. Indemnification. <br /> <br />1. To the extent permitted by state law, City agrees to defend, indemnify and <br />hold Beverage Provider harmless from and against all claims, suits, <br />liabilities, costs and expenses, including reasonable attorneys' fees, for any <br />injury, damage or loss to persons, including death, whether they be third <br />persons or employees of either of the parties hereto, or any injury, damage <br />or loss of property arising out of the purchase, use, or operation of the <br />Scoreboard by City or third parties, <br /> <br />Beverage Provider Agr.'::..ent - Page 3 <br />